HomeMy WebLinkAbout03-5815
F. \flLESIDA T AF1LEIDickinson College 76 19IDickillsonCollegeCol1eeliOM7619C\Doeurnents\228~com 1. wpdldrg
Cre~led: 4/28/031-54:03 PM
Revised 1]/3/0310:2432 AM
76J9c228
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO.03- .5b /5
CIVIL ACTION-LAW
DICKINSON COLLEGE,
Plaintiff
MICHELLE S. NELSON, flkla
MICHELLE S. LITTLE,
Defendant
JURY TRIAL OF TWELVE DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Dated: November 3, 2003
By'
David R. Galloway, EsqUIre
1. D. Number 87326
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff.
LLIAMS & OTTO
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- -.:S~ I 5
CIVIL ACTION-LAW
DICKINSON COLLEGE,
Plaintiff
MICHELLE S. NELSON, f/kla
MICHELLE S. LITTLE,
Defendant
JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and hereby avers as follows;
I. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit
corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant Michelle S. Nelson, formerly known as Michelle S. Little, is an adult
individual with a last known address of562 Serenity Court, Apt F, Odenton, Anne Arundel County,
Maryland, 21113-1412.
3. On or about August 28, 1995, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note # I) with Plaintifffor the financing of$2,000.00 plus interest and costs
by Defendant on her own behalf, for educational services and benefits at Plaintiffs institution, A
copy of Note #1 is attached hereto as Exhibit "A."
4. Note #1 was created under Part E of Title IV of the Higher Education Act of 1965
as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued
under the Act.
5. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling,
disbursing and collecting of funds associated with the programs under the Act
6. The total principal for Note #1 is $2,000.00.
7. Note # 1 grants Plaintiff reasonable collection and attorney's fees which Plaintiff has
calculated to be $500.00.
8. As of October 24,2003, the principal and interest due and payable by Defendant to
Plaintiff was $2,513.77, plus interest accruing thereafter at $.27 per day.
9. As of October 24, 2003, the outstanding balanceof$2,5 13.77 represents the total and
actual overdue value ofthe financing provided to Defendant under Note #1 for which Defendant has
yet to pay.
10. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of
Note #1.
COUNT I
BREACH OF CONTRACT
11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I
through 10 of this Complaint.
12. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of Note #1 by failing to pay the amounts financed therein.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,513.77,
plus interest accruing at $.27 per day from October 24,2003, collection and attorneys' fees in the
amount of$500.00 and costs of suit.
COUNT II
IN QUANTUM MERUIT
13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 12 ofthis Complaint.
14. Having requested Plaintiffto loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
IS. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
16. As of October 24, 2003, the total amount by which Defendant has become enriched
is $2,513.77, plus interest in the amount of$.27 per day from October 24, 2003.
WHEREFORE, Plaintiff demands judgment against Defendant Michelle S. Nelson in the
amount of$2,513.77, plus interest accruing at $.27 per day from October 24,2003, collection and
attorneys' fees in the amount of$500.00 and costs of suit.
\
Date: November 3, 2003
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICKI~SON COLLEGE
Account Number
00273-000-00-3094
Name of Borrower
Michelle Susan Little
Address RR ~, Box 123
Muncv, PA 17756
ANNUAL PERCENTAGE
RAn:
AMOUNT FINANCED
The cost of your
credit as a yearly
rate.
The amount of
c1:edit provided
to you.
P1:ior to
repayment
During
repayment
o
%
5
%
$ 2,000.00
I Itemization of the Amount Financed: $ 2,000.00
Amount given directly to YOu.,
Late Charge: If a payment is late, you may be ch~rged: $1.00 for the first
late payment, and $2.00 for each subsequent late payment if
this loan is payable monthly. $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quarterly.
Prepayment: If you payoff early, you will ~ have to pay a penalty.
See your promissory note for any additional information about nonpayment, de-
fault, any required repayment in full before the scheduled date, and pre-
payment.
;;~7;i}:~_OF;~;;~~ OF ~
DATE ~ !;~~ H\' / '-....-/ DAn: f, . ~Lt,.-q J
EXHIBIT "A"
00273-000-00-3094
-09
Promissory Note-Federal Perkins Loan Prol!ram
[Any bracketed clause or paragraph may be included at option of in$titutiOD.]. .
I, Michell e Susap W ttJ " , promise to pay to 0, ck, nson Co 11 eQe (bereinafter called tile
Institution). located at Car 1 i s 1 e. PA 17013-2.896 , tile sum of the amoun'" tIlat are advanced to me and endorsed in the
Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fee. and other chargea, necessary for
the cQllection of any amount not paid when due.
I further understand and ag.... that:
I. General
(I) ADolicable i..l\w. All sums advanced under this note are drawn from a fund created under Part E of Title IV of tile Higher Education Acl
of 1965, as amended (hereinafter called the Act). and are subject to the Act and the Federal regulations issued under the ACI. The terms of this
note shall be interpreted in accordance with the Act and Federal regulations, copi.. of which are to be kept by the Institution.
(2) procedures for Receivioe. Deferment. Cancellation. or Forbearance. I understand that, to receive a deferment, cancellation, or
forbearance, I must request the deferment, cancellation. or forbearance in writing from the Institution and must submit to the InstitutiOD any
documentation required by the Institution to prove that I qualify for tile defermenl, cancellation, or forbearance. I further understand that, if I
am eligible for deferment, cancellation. or forbearance under Articles VI through XIV I I am responsible for IUbmitting the appropriate requeltl
on time. I further understand that I may lose JIlY deferment. cancellation. and forbearance benefits if I fail to file my request on thlle.
n. l!l!mS
Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENl'AGE RATE OF FIVE PERCENI'
(541.) OD the unpaid balance. except that no interest shall accrue dUriD& any deferment period described in Article vn.
m. Renavment
(1) I promise to repay the principal and the interest that accruel on it to the lnatitution over a period beginning Dine (9) months after the date
I cease to be at Ie8st a half-time regular student at an institlltioD. of higher education, or at a comparable iostirutioQ outside the United. State.
approved for this purpose by the United SlaleS Secretary of Education (hereinafter called the Secretary), and eodin& ten (10) years later, unl...
that perind is [shortened under paragraph m(S), orlextended under paragraphs m(4), mm (extensions), VU(l), or VU(3) (defermelllS).
(2) Upon my written request, the repayment perind may stan on a date earlier than the one indicated in paragraph m(I).
(3)(A) I promise to repay the principal and interest over the course of the repayment perind in equal monthly, bimonthly, or quarterly
instailmen"', as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the Institution is not
a multiple of $S, the Institution may round that payment to the next highest dollar amount that is a multiple of SS.
(8) Notwithstanding paragraph m(3)(A), upon my written request. repayment may be made in graduated iDSlallmen'" in accordance with a
ochedule approved by the Secretary.
(4) Notwithstanding paragraph m(l), if I qualify as a low-income individual during the repayment period, the Institution, upon my written
request. may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income.
[(S)(A) If the monthly rate thaI would be established under par&&raph m(l), or the total monthly repaYlllent rate of principal and interest on
all my Federal Perlcina Loans, includin& this loan, is Ie.. than $40 .00 per month, I shall repay the principal and interest on
this loan at the rate of $40.00 per month (which includes both principal and interest).
(S)(B) ff I have received Federal Perkins Loans from other institutions and the IOtal monthly repayment rate on those loans is I... than
$40.00 the $40.00 monthly payment established under subparagraph IU(S)(A) includ.. the amounts I owe
on all my ou-..Jing Federal Perkins Loans, including those received from other inJtitutions. The portion of the $40. 00
monthly payment that will be applied to this loan will be the difference between $40 . 00 &lid the total of the amounts owed at a
monthly rate on my other Federal Perkins Loans.
(6) The Jnstitution may permit me to pay Ie.. than the rate of $40 .00 per month for a period of not more than one (I) year
where necessary to avoid hardship to me unle.. that action would extenclthe repayment period in paragraph m(I).]
m The Institution may, upon my writteo request. reduce any scheduled repayments or extend the repayment period indicated in puagraph
m(l). if, in its opinion, circumstances such as prolonged illness or unelDployment prevent me from makiug the ICbeduled repayments.
However. interest shall continue to accrue.
IV. Preoa.,ment
(1) I may, at my option and without penalty, prepay aU or any pan of the principal, plus l.I1y accrued interest thereon. at any time.
(2) Amoun'" I repay in the academic yur in which the loan was made and the initial grace period haa nol ended will be used to reduce the
amOUnt of the loan and will Dot be considered a prepayment.
(3) If I repay 8Jl1ounlS during the academic year in whicb the loan was made and the initial lrace period ended, only those amounts in exee..
of the amount due for aDY repayment period shall be considered a prepayment.
(4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the
excess will be used to repay principal unless I designate it as an ad.vaDce payment of the next regular installment.
V.~
(1) The Institution may, at its option. declare my loan to be in default and may demand immediate payment of the entire unpaid balance of
the loan, including principal. interest. late charges, and collection costs. if-
(A) I do Dot make a scheduled payment when due under the repayment scbedule establisbed by the Institution; and
(8) I do not submit to the lnstitution, on or before the date on which paYDlent is due, documentation that I qualify for a deferment,
caneelIatioD. or forbearance as described in Articles VI. W. VIII, IX, X. XI. xn. XDI. or XIV of this agreement.
(2) I understand that the InstiNtion may disclose to credit bureau organizations the amount of loans made to me, along with other relevant
Page 1 of 4
Federal Perkins/Iuly 1993
information.
(3) I understand that, if 1 default on my loan, the Institution may disclO$e that I have defaulted. along with other relevant information. to
credit bureau organizatioDl.
(4) Further, I understand that. if 1 default 00 my loan aod the loan is assigned to the Secretary for coUec:tion, the Secretary may disclose that
I have defaulted. aJong with other relevant information, to credit bureau organizations.
(5) I understand that. if 1 default 00 my loan. I will lose my right to forbearance.
(6) I understand that. if I default on my loan. I will lose my right to defer repayments.
(7) I uoderstaIld that, if the Institution accelerates the loan under paragraph V(I). I will lose my right to receive a cancellation of a portion of
my loan for any service duc:ribed in Article. VID. IX. X. XI. XU, XIU. or XIV performed after the date the Institution accelerated the loan.
(8) I undemaod that failure to pay this obligation under the terms agreed upon will prevent my obtainiog additional student financial aid
authorized under Title N of the Higher Education Act of 1965. aa amended. until I bave made arrangements that are satisfactory to the
InstitutiOD or the Secretary regarding the repayment of the loan.
VI. Forbearance
(1) I understand that. upon making a properly documented written request to the Institution, I am entitled to be granted forbearance of
principal and interest or principal only, renewable at 12-month intervals. for a period not to exceed three years. if-
(A) My debt burden equals or exceeds 20 percent of my gross income; or
(B) The Institution determines that I qualify for other reasons.
VII. Deferment
(1) I understand that. upon making a properly documented written request to the Institution. I may defer making scheduled installment
payments and wiJl not be liable for any interest that might otherwise accrue during the follOwing periods:
(A) For any period that I am-
(i) Enrolled and in attendance as a regular student in at least a balf-time COUTSe of study at an eligible institution;
(ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the
Secretary;
(Hi) EDgaged in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outside the United States; or
(iv) EnroJled and in attendance in a course of ltudy that is part of a rehabilitation traininC program. for disabled individuals approved by the
Secretary.
(B) For any period that I am engaged in service described in Articles VID. IX. X. XI. XII. XIII, or XIV of thi. agreement.
(C) For a period not to exceed three (3) years during which-
(i) I am _king and unable to fiDd full-time employment; or
(ii) For any reason that my Institutioa determines has caused or will cause me to have an economic hardship.
(2) I uoderstaDd that I am not eligible for a deferment uoder paragraph (VII)(I)(A) while I am;serving in a medical internship or raidency
program.
(3) I uDdentand that I may continue to defer mWDg scheduled installment payments and will not he liable for any interest that might
otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VU(l).
VIn. Teachin2 Cancellation
(1) I undentand that, upon making a properly documented written request to the Institution. I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) ^' a full-time leacher in a public or other nonprofit elemeDtary or secondary school in the school district of a local educational agency
that i. eligible in such year of service for funds under Chapter 1 of the EdUcatiOD Consolidation and Improvement Act of 1981. u amended. and
which has been designated by the Secretary (after consultation with eacb State Department of Education) in accordance with the provisions of
sectioQ 465(a)(2) of the Act as a school with . high concentration of JtUdents from low-income families. AD official Directory of desi.&JWed
low-income schools is pUblished annually by the Secretary;
(B) As a full-time special education teacher (including teachers of infanu. toddlers. children. or youth with disabilities) in a public or other
nonprofit elementary or secondary school system. or as a full-time qualified professional provider of early intervention services in a public or
other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of the Individuals With Disabilities
Education Act; or
(C) N. a full.time teacher of mathematics, science. foreign languages. bilingual education, or any other field of expertise that is determiDed#hy the Slate Department of Education to have a shortage of qualified teachers.
(2) A POrtiOD of this loan will he canceled for each completed year of teaching service at the followiDg rates:
(A) IS perceDt of the total principal amouDt of the loan plus interest OD the uDpaid balance accruiDg during that year for each of the first and
second complete academic years of that teaching service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete academic years of that teaching service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
academic year of that teaching service.
IX. Head Slart Cancellation
(1) I understand that. upon malting a properly documented written request to the Institution. I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full.time
staff memher in a Head Start program if-
(A) That Head Start program is operated for a period that is comparable to a full school year iD the locality; and
Page 2 of 4
Federal Perkins/July 1993
(B) My wary is not more than the wary of a comparable employee of the local educatioual agency.
(2) This loan will be canceled at the rate of 15 percent of the total principal amoUnt of me loan plus interest on the unpaid balance AC(:ruing
during that year for each complete achool year or equivalent period of service in a Head Start program.
(3) Head Start is a preschool program carried ou' under the Head Start Act.
X. MililatV Cancellation
(1) I understand that, upon making a properly documented written request to the Instirotion, I am entiUed to have up to SO percent of the
principal amouot of this loan plus the interest thereon canceled if I lerve as a member of the Armed Forc:es of the United Stales in an area of
hostilities that qualifies for special pay under section 310 of TiUe 37 of the United Slates Code.
(2) This 10lUl will be canceled at the rate of 12 1/2 percent of the total principal amount of the 108D plus interest on the unpaid balance
,",cruing during that year for ...,h complete year of such qualifying service after the period for which I receiYed the 10lUl.
XI. Volunteer Service Cancellation
(I) I understand that, upon making a properly documented written request to the Institution, I am entiUed to haye up to 70 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after lhe period for which I received the loan-
(A) N a voluDteer under the Peace Corps Act; or
(B) As a yolunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs).
(2) This 10lUl will be canceled at the following rates:
(A) IS percent of the total principal amount of the loan plua interest on the unpaid ba1ance ,",cruing during that year for _h of the first ODd
second twelve (12) month periods of voluDteer service completed; and
(B) 20 percent of the total principal amount of the 108D plua interest on the unpaid balance ,",cruine during that year for ...,h of the third ODd
fourth twelve (12) month periods of volunteer service completed.
XII. Law -.Enforcement or Corrections Officer Cancellation
(I) I understand that, upon making a properly documented written request to the Institution, I am entiUed to bay. up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifyiD& service after the period for which I received the loan-
(A) M a full~time law enforcement officer for service to aD. elicible local, State, or federa11aw enforcement .aeney; or
(8) N a full-time cOrrectioDl officer for service to an eligible local, State, or Federal corrections agency.
(2) A portiOD of this loan will be cBDCeled for each completed year of law enforcement or cOrrectiODl service at the following rate.:
(A) IS percent of the total principal amount of the loan plua interest on the unpaid ba1anc. ,",cruing during that year for each of the mllud
JeCond complete years of that service;
(B) 20 percent of the total principal amount of the 108D plua interest on tho unpaid ba1ance ,",cruing during that year for ...,h of the third anel
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the 108D plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
xm. Nune or Medical Technici;m Cancellation
(1) I understand that, upon makine a properly documented written request to the Institution, I am entiUed to bay. up to 100 percent of the
lIIIlount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan u a full-time
nune or medical technician providing health care services.
(2) A portion of thia 108D will be canceled for ...,h completed year of seryice at the following rates:
(A) IS percent of the total principal amount of the 108D plus interest on tho unpaid balance ,",cruing during that year for each of the first ud
JeCood complete years of that Krvicei
(B) 20 percent of the total principal amount of the 10lUl plus interest on the unpaid balance ,",cruing during that year for each of the third ud
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the 108D plus interest on the unpaid ba1ance ,",cruing during that year for the fifth complete
year of that servico.
XIV. Child Or Family Seryice A.ency Cancellation
(I) I understand that, upon making a properly documented written request to the Institution, I am entiUed to haye up to 100 percent of the
amount of this loan plus interest thereon canceled if I perform qualifyina service after the period for which I received the loan u a full-time
employee of an eligible public or private nonprofit child or family service agency who is pcovidina, or SUpervisUla the provision of, serviceI W
high-risk children who are from low-income communities and the families of IUcb children.
(2) A portion of this 108D will be canceled for ...,h completed year of service at the following rates:
(A) IS percent of the total principal amount of the 108D plus interest on the unpaid balance accruing during that year for ...,h of the first and
secoDd complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing durine that year for ...,h of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XV. Death and Disability Cancellation
(1) In the event of my death, the total amount owed on this loan will be canc:eled.
(2) If I become permanently and totally disabled after I receive this loan, the Institution will cancel the totallUDount of this loan.
XVI. Chan2e in Name. Address. TeleDbone Number. or Social Security Number
I am responsible for informiDg the Institution of any change or chaoges in name, address, telephone number, or Social Security Dumber.
Page 3 of 4
Federal Perkins/July 1993
.--.....--...----....--..
xvu. Late Chan!!e
(1) The Institution will impale a'late charge if-
(A) I do Dot make a scheduled payment when it i. due; and
(8) I do not IUbmit to the Institution, 00 or before the date 00 which paymeot i. due, documentation that I qualify for a deferment,
cancellation, or forbearauce &I deacribed in Article. VI, VU, vnI, IX, X, XI, XII, xm, or XIV of thi. agreement.
(2) No cbarge Dlay exceed 20 percent of DlY Dlonthly. biDlontbly. or quarterly paymen.,
(3)(A) The Iostitution Dlay-
(i) Add the la'" cbarge to the principal the day after the scbeduled repaYDleDt was due; or
(ii) Include it with the next scbeduled repayment after I have received Dotice of the late cbarge.
(B) If the Iostitution elects to add the late cbarge to the outstanding priDcipal of the loan. it DlUst so inform Ole before the due dat6 of the
next installment.
XVUI. Assi2'nment
(I) Thi. no'" Dlay be assigned by the InstitutioQ only to-
(A) The United States;
(8) ADother institution upon my transfer to that institutiOD if that institution is participating in this program; or
(C) Another institution approved by the Secretary,
(2) The provisions of this Dote that relate to the Institution shall, where appropriate, relate to an assignee.
(3) Any holder of this loan i. su6ject to all claims and defense. that I could assert against the Institution that made this 101Ul; my recovery i.
limited to the amount I repaid OD this Joao.
XIX. Prior Loans
I hereby certify that I have listed below aH of the FederaJ Perkins Loans I bave obtained at other iD$litutions. (If no prior loans have been
received, state -None.-)
FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS
Amount
Da'"
Institution
I
2
3
4
xx. ScheduJe of Advances
The followiDg aaaounts were advanced to me under this loan agreement on the dates indicated: '1.
Amount Date ~i&oature 0 r Bo
I $1,000.00 9-1-95 l~f!lt,Ij1/1a"
2 $1,000.00 4-23=9'6 - - ... / /'. 111(,0 P
J ~
4
~2----,
7
NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT.
I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDmONS.
[This Dote~/~_a ,se~~d' ,
SignatUre' I I UtlftJL / .
;, ILl-- .,,, /
Date If 1i./'r,.1,~JC ,')f-:l9!J.:j
Permanent fddress (Street or Box Number, City, State, aDd Zip Code)
Pp 0 0ry. J.~3 nLtvnnl, P4-1115&
A
\~'CI_ &'? -:J$., 3iA.
I(seam
Social Security NUDlber (borrower Dlust provide)
The borrower and Institution shall execute this Dote without security and without endorsement.
The Institution shall provide a copy of this note to you and you should retain the copy for your records.
(Authority: 20 U.S.C.1087dd)
Page 4 of 4
Federal PerkinslJuly 1993
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I
have the authority to execute this Verification on behalf of Dickinson College and certify
that the foregoing Complaint is based upon information which has been gathered by my
counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel
and not my own. I have read the document and to the extent that this Complaint is based
upon information which I have given to my counsel, it is true and correct and to the best of
my knowledge, information and belief. To the extent that the content of this Complaint is
that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. 9
4904 relating to unsworn falsification to authorities, which provides that if I knowingly make
false averments, I may be subject to criminal penalties.
Dickinson College
~ ::Jo-'
Thomas Meyer
Assistant Treasurer of Dickinson College
Dated:
F:\FILE$\OATAFILE\Dlckinson College 7619\DiCkinsonCollegeCollecllons7619C\DoClJments\22B-com1.WPd
CERTIFICATE OF SERVICE
I, Marti Iben, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that
a copy of the foregoing Complaint was served this date by depositing same in the Post Office at
Carlisle, P A, Certified Mail/Restricted Delivery, postage prepaid, addressed as follows:
Michelle S. Nelson
flkla Michelle S. Little
562 Serenity Court, Apt. F
Odenton, Maryland 21113
MARTSON EARDORFF WILLIAMS & OTTO
By
Marti n
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: November 3,2003
~
~
~\\J
~
~\\
lr-
~
""'- "'"
-.t. ,...
.( (,.s
" '-l
~ -J\
()
C~
'7
-CJ t.~
Gr'
~.~;--
(/' 6.
-",::
'<' .
...-. .
Z.) ,
>t
:;'",
::;~
C'
c,:.
'7~
,.~
<7)
"';"""(
--'J
,
c:)
_.,,--;-\
~;~
~~4.
.'"
~
~
:::>
..,..
DICKINSON COLLEGE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-5815
: CIVIL ACTION-LAW
MICHELLE S. NELSON, f/kla
MICHELLE S. LITTLE
Defendant
: JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF SERVICE ON DEFENDANT MICHELLE S. NELSON
I, Adrian M . Clarke, being duly sworn according to law, depose and state that a copy of the attached
Notice and Complaint was served on the following Defendant, Michelle S. Nelson, 647 West Realm
Court, Odenton, Maryland by personal service at her place of employment (Victoria's Secret, White
Marsh Mall, White Marsh, MD) on the 19th day of January, 2004 at 2:10 p.m. by leaving with her, said
Notice and Complaint.
~
Date: -;;; f,b (1) Lj
Adrian M. Clarke, Process Server
Safe and Secure Enterprises, Inc.
1290 Bay Dale Drive, PMB III
Arnold, Maryland 21012
1-877-379-6166
Sworn to and subscribed before me
ThisK-dayof {V\,,-<<- \..... ,2004
-=:~~~~~ ~~L
{Y\y Cm'VI(VI_ e"'f' (1,/04
CERTIFICATE OF SERVICI~
I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Affidavit of Service on Ddendant Michelle S. Nelson was
served this date by depositing same in the Post Office at Carllisle, P A, first class mail, postage
prepaid, addressed as follows:
Ms. Michelle S. Nelson
647 West Realm Court
Odenton, MD 21113-1546
MARTS ON DEARDORFF WILLIAMS & OTTO
By~~lt~I7Uyn
Nlchole L. Mye:rs
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: March 29,2004
(')
c
ill&:
<-
(/1
~~::~i
~~J
z
~
">
'=',
=
.r-
:z
"'"
::0
N
\.D
"
3::'
~
.-/
:r:~
nl....!..J
r-
:159
~Q
::1...,.,
0-
.;,::0
e;m
-.;
",'
.TJ
-<
~
F: \FILES\DA T AFILE\Dickinson College 7619\DickinsonCollegeCollections7619C\Currenl\228_stip lIdrg
Created: 11!13/0211:2729PM
Revised: 03/3010408:5633AM
7619c.228
DICKINSON COLLEGE,
Plaintiff
v.
MICHELLE S. NELSON, flk/a
MICHELLE S. LITTLE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- 5815
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT
AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys,
MARTS ON DEARDORFF WILLIAMS & OTTO, and Defendant MICHELLE S. NELSON, flk/a
MICHELLE S. LITTLE, who stipulate and agree as follows:
1. Pa. R.C.P. 1037 (c) provides that in all cases, th(: Court, on motion ofa party, may
enter an appropriate judgment against a party upon admission.
2. Defendant agrees and admits that Judgment should be entered against her in favor of
Plaintiffin the amount of$3,056.16 plus costs of suit and interest accruing at $.27 per day from date
of judgment.
3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment
pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further
By
Michelle S. Nelso
Michelle S. Little
647 W. Realm Ct
Odenton, MD 21113-1546
Pro Se Defendant
Date:
'3 J II loLf
By
Davl R. Galloway, Esqu re
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorney for Plaintiff
1/~1 a ~
Date:
CERTIFICATE OF SERVICf:;
I, Tricia D. Eckenroad, an authorized agent of MARTS ON DEARDORFF WILLIAMS &
OTTO, hereby certifY that a copy of the foregoing Order was selved this date by depositing same in
the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Ms. Michelle S. Nelson, flkla
Michelle S. Little
647 Realm Court
Odenton, MD 21113-1546
MARTSON DEARDORFF WILLIAMS & OTTO
- . fj PAl. .
ia D. Eckenroad ~ilP(
East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: May 19, 2004
()
C
-;'1~
2:.;::t
(>, '
c:: \.-
~~~
r
~~i
-<
""
c-...:.:>
"-~
..-
~
-<
o
....,
....
:1: -r,
fll-
r--'
"Uj-n
;}~y
:3{)
. ~. - i f
(")::;j
;-~~ ~Y1
::;::1
w
-U
:u
r:-?
r--
:~
en
I
F:IFILBS\DA T AFILEIDickinson College 7619\DickinSOIlC ollegeCoUections7619C\CurrentI228_~tip !/drg
Created: IJ/13/0211:27:29PM
Revised: 03/30/04 08:56:33 AM
7619c.228
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
v.
NO. 03- 5815
CNIL ACTION-LAW
MICHELLE S. NELSON, flkla
MICHELLE S. LITTLE,
Defendant
JURY TRIAL OF TWELVE DEMANDED
STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT
AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys,
MARTS ON DEARDORFF WILLIAMS & OTTO, and Defendant MICHELLE S. NELSON, f/k/a
MICHELLE S. LITTLE, who stipulate and agree as follows:
I. Pa. R.C.P. 1037 (c) provides that in all cases, the Court, on motion ofa party, may
enter an appropriate judgment against a party upon admission.
2. Defendant agrees and admits that Judgment should be entered against her in favor of
Plaintiffin the amount of$3,056.16 plus costs of suit and interest accruing at $.27 per day from date
of judgment
3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment
pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further
By
Michelle S. Nelso
Michelle S. Little
647 W. Realm Ct.
Odenton, MD 211 13-1546
By
Davl R. Galloway, EsqUire
Martson DeardorffWiIliams & Otto
Ten East High Street
Carlisle, PAl 7013-3093
(717) 243-3341
Pro Se Defendant
Date:
J? J I ( I D1
Attorney for Plaintiff
11'/;/3~
Date:
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent of MARTS ON DEARDORFF WILLIAMS &
OTTO, hereby certify that a copy ofthe foregoing Order was served this date by depositing same in
the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Ms. Michelle S. Nelson, flkla
Michelle S. Little
647 Realm Court
Odenton, MD 21113-1546
MARTS ON DEARDORFF WILLIAMS & OTTO
-_:fA- fJ Y'hl A J
ia D. Eckenroad W){/?fv'l
East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: May 19, 2004
C)
c'
,
C..r\
r,.)
C.:,
~'J
c)
"
--"
T_,
!ll
\...i.j
--:-,
f',
F: IF1LES\DA T AFILE\Dickinson College 7619\DickinsonCollegeColleclions7619CICulTent\228. ordltde
Created; 5119104 11:34AM
Revised: 5/19/04 1:38PM
7619c.228
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 03- 5815
CIVIL ACTION-LAW
MICHELLE S. NELSON, flkla
MICHELLE S. LITTLE,
Defendant
MAY 2 0 2004
JURY TRIAL OF TWELVE DEMANDED
({ ORDER OF COURT
AND NOW, this Zk. day of (Yl ,; '1 ' 2004, upon consideration of the attached
Stipulation, judgment is hereby entered in favbr of Plaintiff Dickinson College and against
Defendant Michelle S. Nelson, fi'k/a Michelle S. Little, in the amount of$3,056. I 6, plus costs of suit
and interest accruing at $.27 per day from the date of judgment. Prothonotary is directed to enter
and index this judgment accordingly.
BYTHE;lf.of!
for Plaintiff:
Z'vid R. Galloway, Esquire
Ten East High Street
Carlisle, PA 17013
/
06 - :;"<0-0 (
Pro Se Defendant:
v1\1s. Michelle S. Nelson, fi'k/a
Michelle S. Little
1507 A West Street
Annapolis, MD 21401
<2 L 9 (S; 1# ';)dtj .
p?O'b$
o 4,cY\(J W ~-Vd
B 21<(: I"t' '-\?
1(' .7'" L'-
Ct "'J . ~u ,~ J..1~:;,111COZ
'''''''''0'
Au oil-V{ HlO"'d :JU' 1'"'\
--1"\1 . '-.i ,.,1ll..:!...J
., ,,;er~O"4U
:.J"-'"J_V :Jil.:l